Concert photography is a very complicated field
Here is the google translation of a german article about this subject - it's a long read, but interesting. Sorry, but I don't have time to enhance the translation.
Concert photograph and rightConcert photograph requires special talent, nevertheless, is not just easy on account of the lighting conditions and other restrictions taking a photo. Nevertheless, one of the great difficulties comes from the juridical corner.
Just professional concert photographers can sing a song about the difficulties which are made to you with concerts for juridical or also pseudo-juridical reasons.
Access / accreditationWith concerts it concerns in general private events. Hence, the organizer can decide on account of his own rules whether and whom he admits to his concert or also not.
On this occasion, very big pressure on the organizers is exerted by the management partly to protect putative rights the volume.
To allow a possibly wide reporting about the concert, organizers admit as a rule photographers of famous editorial staff and agencies. Free photographers have quite substantially heavier to get an accreditation.
There is no claim of the press right to agree also not for photo agencies or editorial staff, an accreditation.
Such a restriction is juridically allowed, because it does not concern a public event and can decide the organizer alone whether and whom he admits as a photographer.
AdmissionsIf one is accredited for the concert, one must accept as a rule the contracts and restrictions of the organizer concerning the realisation of the admissions if one liked to take pictures.
As a rule only admissions within the first three songs are allowed.
Besides, the organizer has the right, have to determine, where to stay the photographers. Often this is not necessarily the best position to be able to take a photo of the concert. The photographer sometimes stands very much on the edge or has only one far away place behind the mixing writing desk.
If one does not accept these conditions, one also gets no permission to take photos with the concert. On account of the house right and also for safety reasons such restrictions are allowed.
Picture rightsIf the restrictions are accepted with regard to access and realisation by the photographers in general, opposition stirs concerning the picture rights.
Here an always further restriction of the picture rights of the photographers is to be observed.
Thus the photographers should brag in the approach often to which media they sell the photos and the organizers or the management the volume would like to decide whether he admits this or not.
Some go even so far and demand the picture rights and a copy of the pictures in the approach.
Whether these rules with the copyright agree, can be doubted at least very strongly, because it belongs to the rights of the photographer as an originator of the photos to determine, when and where he would like to publish this. Such a right is not entitled to third.
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The rules of the copyright are crossed absolutely if the concert organizer, management or the tape takes over without being asked the pictures.
It always seems that some assume as of course from the fact that the pictures may be used without to questions for his own purposes.
These see as a silent consideration for the permission to be allowed to make pictures during the concert.
When known concert photographer Peter Wafzig pointed once to this fact, a wrong consciousness disposed however did not appear on the opposition yet. On the contrary, openly it was threatened with the fact that then in future no more pictures may be made by the volume.
Lawyer Hösmann
Remarks lawyer Hösmann
If a restriction is compatible with access and realisation still with the rules of the right, an offence against the copyright is given in the unasked takeover.
Also with concert photos it requires for the takeover of the pictures still of an explicit approval on the part of the photographer. If pictures are taken over simply without being asked, is this one copyright infringement which can be pursued in the way of the caution or also with an action for injunction.Because many photographers avoid, however, the discussion not to be accredited because of fear in future any more, these cases are pursued not enough and, unfortunately, the restrictions with the concert photographers will probably still increase in future.
All together remains therefore to stick that taking a photo of concerts is not only a technical, but also a juridical challenge.
